TELECOMMUNICATIONS RESEARCH & ACTION CENTER V. FCC 750 F.2d 70 (D.C. Cir. 1984) CASE BRIEF

TELECOMMUNICATIONS RESEARCH & ACTION CENTER V. FCC
750 F.2d 70 (D.C. Cir. 1984)
NATURE OF THE CASE: The Telecommunications Research & Action Center (P) petitioned the court for a writ of mandamus to compel the FCC to decide certain unresolved matters now pending before the agency.
FACTS: P believed that the FCC has unreasonably delayed determining whether American Telephone and Telegraph Company ('AT&T') must reimburse ratepayers for two separate instances of allegedly unlawful overcharges. P had petitioned the FCC to investigate and to require AT&T to reimburse customers. The FCC issued a Notice of Inquiry seeking public comment and for the next five years sat and did nothing. Congressional prodding produced two promises to act but nothing happened. P finally petitioned the court for mandamus.

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LEGAL ANALYSIS:





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